Mae'r cynnwys hwn ar gael yn Saesneg yn unig.

Complaint from Swedia Networks UK Ltd against BT Wholesale about terms in the Access Network Facilities (ANF) agreement

25 Chwefror 2005

Complaint from Swedia Networks UK Limited against BT Wholesale about terms in the Access Network Facilities (ANF) agreement

Complainant: Swedia Networks UK Limited
Complaint against: BT Wholesale
Case opened: 30 October 2003
Case closed: 23 February 2004
Issue: Insurance liability under the ANF Agreement
Relevant instrument : Condition 83 of BT's licence as continued under the Communications Act 2003.

Paragraph 17.3 of the current ANF agreement states that:

"Each Party shall be responsible for and indemnify and hold harmless the other Party against all losses, liabilities, costs, damages and expenses arising out of or in connection with any claims or proceedings brought against the other Party by the Party's customer"

Swedia Networks UK Limited complained that Paragraph 17.3 of the ANF agreement was inconsistent with paragraph 2.3.6 of the Oftel Determination: LLU The Terms of the Access Network facilities Agreement (The 'Determination').

Under the heading Liability and liquidated damages, paragraph 2.3.6 the Determination states that:

"Neither party shall be liable to the other for any claim made against the other by any of its customers for that customer's loss of profit, business or anticipated savings".

In response to Ofcom's investigation, BT has proposed an amendment to paragraph 17.3 of the ANF Agreement to follow the text of the Determination. This proposal will be put to the LLU Industry Group in March and, once approved, incorporated into the ANF agreement.

In light of BT's proposal Ofcom does not consider that further investigation is necessary at this time. Ofcom is closing the case but will monitor the implementation of the contractual amendments and re-open the case should any problems arise.

Case Leader: Ian Vaughan (020 7783 4331 email: Ian.Vaughan@ofcom.org.uk)
Case Reference: CW/00707/10/03

Text published when the case was opened

Complaint from Swedia Networks UK Ltd against BT Wholesale about terms in the Access Network Facilities (ANF) agreement

Complainant: Swedia Networks UK Ltd
Complaint against: BT Wholesale
Case opened: 30 October 2003
Issue: Insurance Liability under the ANF Agreement
Relevant instrument : Condition 83 of BT's licence as continued under the Communications Act 2003

Swedia Networks believes that paragraph 17.3 of the ANF agreement is inconsistent with paragraph 2.3.6 of the Oftel Direction on LLU: The Terms of the Access Network Facilities Agreement Statement and Determination (published February 2001).

Oftel is currently considering the matter.

Case Leader: Ian Vaughan (e-mail: Ian.Vaughan@oftel.gov.uk
Case Reference : CW/00707/10/03